Dershowitz: President Can Abuse Power If It Helps Get Them Reelected

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Dershowitz: President Can Abuse Power If It Helps Get Them Reelected
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.jonathanchait writes on Trump's ImpeachmentTrial and the most authoritarian defense yet

Alan Dershowitz, Harvard law professor and member of President Trump’s impeachment defense team. Photo: AP/Shutterstock Alan Dershowitz, one of the members of President Trump’s legal team, has an odd habit of using the reductio ad absurdum technique to his own arguments. Dershowitz argues that “abuse of power” is not a category of behavior that can be impeachable.

What if the president were to pressure foreign governments to imprison members of the opposing party if they pass through their territory? Or withhold disaster aid from a governor unless that governor announces an investigation of the president’s rival? Offer pardons to anybody who kills his opponent? If it helps the president win, then you can’t impeach.

Dershowitz has fervently denied that he is even “a member of Trump’s legal team.” He then conceded he would present arguments about impeachment, and then tried to clarify that “I’m not part of the regular team that will be making strategic decisions and participating in questions about whether there should be witnesses or not.” Whatever picayune distinction he had in mind, Dershowitz has delivered remarks opposing impeachment as part of the time allotted to Trump’s defenders.

Tuesday, a delighted Trump congratulated Pompeo for this behavior. “That was very impressive,” Trump told an audience. “That reporter couldn’t have done too good a job on you. I think you did a good job on her!” Dershowitz, sitting behind Pompeo, leaned over to pat him on the back as Trump congratulated him.

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